Arbitration process

how far is the arbitration award binding on the employee if the process was one-sided? can the award be challenged in the court oflaw? is there a stipulated time period within which the process has to settled?

Asked 2 years ago in Civil Law from Trivandrum, Kerala

you must have been issued notice when arbitration clause was invoked .
you ought to have appeared before arbitrator and contested the case on merits .
since you have signed contract with your employer employer can invoke the said clause in case of breach of contract .
. if you are aggrieved by order of arbitrator you can make an application to HC for setting aside the award .

if the process is one-sided then you can challenged in the court of law. there is no stipulated time period within which the process has to settled,it does not mean that it can be linger on as long as they want.aggrieved by order of arbitrator you can make an application in district Court headed by District Judget or Aadditional District Judgeor High Court for setting aside the award .

How far is it legally binding on the employee (if the amount is huge) to pay off the award??? there wasnt any communication further on the final awards or further process, can it be challenged in the local court or the court in the place of arbitration?

Asked 2 years ago

it is binding upon employee to pay the award . amount is immaterial . copy of award will be communicated to you . if for instance arbitration proceedings under contract has taken place in bombay and award has been passed in Bombay you have to challenge award in Bombay High court .

Hi, as long as you party to the arbitration agreement it is binding on you and from your narration the proceeding in the arbitration had conducted with out serving notice to you then you to approach civil court for arbitration suit as the award has already passed by the arbitrator.

Thanks Mr.Ajay & Mr.Rajeev, but would also like to know if the clause barring the employee to work to work with a competitior binding? can an employee restrcit an employee from taking up another job? does this have any legal grounds?

Asked 2 years ago

Thanks Mr.Ajay , Mr.Rajeev &Mr.Pradeep, but would also like to know if the clause "barring the employee to NOT work with a competitior binding"? can an employer restrcit an employee from taking up another job without room for an alternative for say 3or 6 months?Any legal implication?

Asked 2 years ago

you know all the business secrets of your employer . if you leave your organisation and work for competitor your ex employer will lose business as you will divulge all business secrets and take away your ex employer clients .. hence such a clause is incorporated in the contract . it is binding

so is an employee always on the recieving end? any ground of relief for the employee that the law provides? What can an employee genuinly try for, when the final award happened after three years?

Asked 2 years ago

you have signed the contract after reading its clauses . if you did not agree to these clauses your employer could not have forced you to sign the contract .
employee can challenge award . consult a local lawyer . it is necessary to go through wordings of your contract , award passed by arbitrator to advice

Thanks Much Mr.Sethi.The employee has not been provided with the last month of working salary, nor has the employer done with the full and final settlement or the PF settled off, nothing has been provided from the employers end, can this be considered while challenging the award will the employee be able to negotiate on terms where money is not involved?

Asked 2 years ago

if company has defaulted in payment of your salary , settlement of accounts issue legal notice to company .
if company does not pay provident fund dues complain to Regional provident Fund commissioner
.if Regional Provident Fund commissioner does not take action you can also file complaint before consumer forum for deficiency in service and make regional provident fund commissioner a party .
you ought to have raised your grievances before arbitrator made a counter claim based on legal advice . now that you did not raise these grievances earlier you cannot assail award on this ground .

Is money the only way to settle off or negotiate? employee also have incurred financially and emotionally , are arbitrations always about money? cant there be a counter procedure? there hasnt been any intimation of any process for a lont time, say for nearly an year and above,

Asked 2 years ago

when the letter invoking arbitration was sent, Had sent a reply to the sole arbitrator stating all these facts via mail, and that am unduly on the recieveng end. cant that be taken as a proof?

if letter invoking arbitration was sent and sole arbitrator appointed arbitration proceedings must have proceeded with and award passed by the arbitrator . the reply sent by you would have been considered by arbitrator while passing an award . wait for service of award . then decide your next course of action after consulting a local lawyer

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